The abolition of the rule 30-60: changing visa status in USA

The abolition of the rule 30-60: changing visa status in USA

About a week ago, the administration of Donald trump canceled the DACA program that protects young immigrants from deportation and illegal residence in the United States. But few know about another important innovation associated with immigration violations. Namely about changing the rules for the new 30-60 – 90.

According to the 30-60 rule, within 30 days from the date of entry into the territory of America, the people had no right to take actions that are contrary to visa category, for example, work or student visa. Otherwise, the border officer could interpret the act as deliberate deception. If the alien has committed acts inconsistent visa category, in the range from 30 to 60 days, they could be interpreted in different ways: everything depended on the assessment of the immigration officer.

The abolition of the rule 30-60: changing visa status in USA

Now in the manual for immigration officers, a new item called «Inconsistent behavior within 90 days after entry«, which stated that henceforth, the alien cannot violate his non-immigrant status for 90 days instead of 30. Violations include:

  • illegal work;
  • education, if it is not allowed non-immigrant classification (e.g., status, B);
  • marriage to United States citizen or permanent resident of the United States, who lives here on a legal basis;
  • performing any other activity that would be grounds for a change of status, even if the application for change of status have been filed.

I want to emphasize that for foreigners, who arrived in America, it is very important carefully review this rule. If reemigrants break it, the punishment may be a lifetime ban on entry to the United States.

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